IDENTIFICATION OF THE WEBSITE OPERATOR:
This website https://capitalismtheweb.com/ (hereinafter, “Website”) is operated by:
TRADE NAME: CAPITALISM
REGISTERED ADDRESS: C/Antonio Maura, 16- 5º dcha- 28014 Madrid
N.I.F.: B75850131
CONTACT:
PHONE: +34 676651686 / +34 648700293
EMAIL: theaccountant@capitalismthemail.com
PUBLIC REGISTRY: Volume 0, folio 0, 1st entry, Sheet: M-846649, Mercantile Registry of Madrid.
This document sets forth the terms and conditions governing purchases through the Website owned by CAPITALISM ART, S.L. of the products and services offered therein (hereinafter, referred to as the “General Terms of Sale” or “GTS”).
ACCEPTANCE OF THE GENERAL TERMS OF SALE:
By placing an order through the Website, you declare that you are over 18 years old and have the legal capacity to enter into contracts. If you are placing the order on behalf of a legal entity, you declare that you have the sufficient authority to represent such legal entity and to accept these GTS.
Moreover, from the moment you place the order, by checking the boxes provided in the purchase form, you accept and agree to comply with these General Terms of Sale. These GTS replace any previous terms reflected in any other document.
Therefore, please read these GTS before placing an order through the website.
CAPITALISM ART, S.L. reserves the right to review and modify these GTS at any time and without prior notice. However, such changes will not affect orders processed and shipped prior to the corresponding modification.
PERSONAL DATA:
The information or personal data you provide will be processed in accordance with the provisions of the Privacy Policy included on this Website. By using this Website, you declare that the information and data provided are true, accurate, and correspond to reality.
CORRECTION OF ERRORS IN DATA ENTRY:
If it is necessary to correct the information or personal data provided during the purchase process, please contact our customer service.
PURCHASE PROCESS:
Start of the Purchase Process:
To make a purchase, you must select the 'Shop' tab within the https://capitalismtheweb.com/ website. There, you will find the set of available items for sale. You just have to choose the products you want from those offered on the website and add them to the shopping cart.
Formalisation of the Purchase:
Once you have added all the products you want to the cart, you can view it and check all the added products. The second step to complete the order will be to enter your personal data in the purchase form to arrange the shipping and billing of the products. To this end, you will need to provide, among others, the following data: your name or business name, address, phone number, or email, which must be true and accurate in all cases.
When you have entered all the data in the purchase or registration form, selected the payment method you wish to use, and checked that the added products are correct, you will need to read and accept our “Privacy Policy”, our “Terms and Conditions of Website Use” and these “General Terms of Sale”.
At the moment you proceed to payment, you will be informed of all the order details (including an order number [the “Order No.”]). Please note that the Order No. is provided for reference purposes and in no case constitutes a confirmation by CAPITALISM ART, S.L. of acceptance of the order.
Order Confirmation:
In the event that CAPITALISM ART, S.L. accepts your order and after verifying the availability of the requested product, as well as the payment made, you will be notified by sending an order confirmation (the “Order Confirmation”). This Order Confirmation will be sent by email and will be effective from the date of dispatch.
Order Shipping and Delivery:
Shipping:
Once the Order Confirmation is received, CAPITALISM ART, S.L. will send the purchased product(s) through the Website to the postal address indicated in the order form. This address cannot be a post office box or public places such as streets, squares, stations, airports, or similar.
All orders are subject to product availability. If there is no stock, you will receive a notification, and the item will not be charged. In that case, you will receive a form in case you wish to make a reservation for when the item is restocked.
Additionally, the items offered through this Website are available for shipping in the EU.
Delivery:
Delivery will be made within 2 and 7 working days from the order confirmation to the postal address you included in the order details, unless due to force majeure. The delivery note will be sent along with the Product(s).
The risk of the product will be your responsibility from the moment of delivery, so from that moment you will be solely responsible for it. Notwithstanding the above, and despite having proceeded with delivery, you will not acquire full ownership of the products until CAPITALISM ART, S.L. receives full payment of all amounts due in relation to them, including shipping costs that may apply.
PRICE, PAYMENT METHODS, AND BILLING:
Price:
All prices are in EUROS. The prices will be those published on the Website at the time you place the order.
All prices include Value Added Tax (VAT) in accordance with current legislation; however, depending on the shipping territory, shipping and order processing costs and taxes are excluded, which, if applicable, will be informed and added to the final price.
Prices may change at any time, although such changes will not affect orders for which we have already sent you an Order Confirmation.
Payment Methods:
CAPITALISM ART, S.L. a través del Sitio Web, acepta como métodos de pago los siguientes:
Credit/Debit Card:
You can pay using Visa, MasterCard debit or credit cards via Stripe.
Your credit card details are sent directly to the corresponding payment gateway for settlement with your bank. The website has an SSL (Secure Sockets Layer) certificate, a global security standard that ensures the encrypted transmission of data between the sender and receiver systems.
No one at CAPITALISM ART, S.L. can access your credit card details, either during or after the payment.
You will see a charge from CAPITALISM ART, S.L. on your bank statement. If your bank authorises the payment with your card, we will process your order.
Invoicing:
You expressly authorise CAPITALISM ART, S.L. to issue the invoice in electronic format, which will be sent to the email address you provided when registering on our website or during the purchase process and will be sent in Spanish or English, depending on the language in which the purchase was made. However, you can inform us at any time of your desire to receive an invoice in paper format, in which case we will issue and send the invoice in that format.
The electronic invoice will be archived on our servers for 5 years from the moment it was sent to you by email. This way, you can request it, for example, in case of loss, through our customer service.
As a consumer, you have the right to be protected for a period against existing defects or non-conformity with the products: This mandatory warranty implies a series of rights that you can exercise:
If the product is defective or does not conform to what you purchased, you can choose between repair or replacement, provided that one of these two options is not objectively impossible or disproportionate.
Repair
It will be free of charge, including the costs related to it, especially shipping costs, labour costs, and materials. It will be carried out within a reasonable time and without major inconvenience, considering the nature of the products and their purpose. Once the product is delivered for repair, the warranty period is suspended until we return it to you repaired. Once we have delivered the repaired product to you, we will be responsible for any defects in the repair that may arise over the next 6 months. Additionally, if the repaired product remains non-compliant with the original purchase, you may choose: its replacement (unless it is disproportionate), a price reduction, or the termination of the contract. When you deliver the product to us for repair, we will provide you with a receipt with the delivery date and the defect. When we return the repaired product to you, we will give you another receipt with the delivery date and the repair performed.
Replacement
You cannot choose replacement in the case of non-fungible products (not replaceable because they are unique) or second-hand products. It will be free of charge, including the costs related to it, especially shipping costs, labor costs, and materials. It will be carried out within a reasonable time and without major inconvenience, considering the nature of the products and their purpose. From the moment you request the replacement, the warranty period is suspended until we deliver the new product to you. The new product does not have a new warranty period but continues with the initial one. If the new product remains non-compliant with the original purchase, you may choose: its repair (unless it is disproportionate), a price reduction, or the termination of the contract. When you deliver the product to us for replacement, we will provide you with a receipt with the delivery date and the defect. When we deliver the new product to you, we will give you another receipt with the delivery date.
Price Reduction
You can exercise this right when you cannot choose repair or replacement and in cases where these have not been carried out within a reasonable time and without major inconvenience. It will be proportional to the difference between the value of the non-defective or compliant product and the value of the defective or non-compliant product.
Termination of the Contract
You cannot exercise this right if the lack of conformity is of minor importance. For all other cases, you can exercise it when you cannot choose repair or replacement and in cases where these have not been carried out within a reasonable time and without major inconvenience.
You must contact us via the following email theaccountant@capitalismthemail.com or by calling the phone number +34 676651686 / +34 648700293 where we will tell you how to proceed.
It is understood that the product does not have a defect or is compliant with the purchase, provided that:
In accordance with Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, "Royal Decree 1/2007"), if you have the status of a consumer, as defined in the aforementioned regulation, you will have the right to withdraw from the purchase within 14 calendar days from the receipt of the products subject to the purchase without needing to justify your decision and without penalty of any kind, except if the purchase refers to any of the products and/or services detailed in article 103 of the aforementioned law, including, but not limited to:
You can exercise your right of withdrawal in the following manner:
How do I exercise my right?
You must notify your decision to withdraw from the purchase contract through an unequivocal statement sent by email to the address theaccountant@capitalismthemail.com or by postal mail to the address C/Antonio Maura, 16- 5º dcha- 28014 Madrid, including your contact details, order reference, delivery date, and a photocopy of your DNI/NIF. For this purpose, you may use this withdrawal form model.
CAPITALISM ART, S.L. will contact you to coordinate the return of the items subject to withdrawal. Unless otherwise indicated, you may return the products by sending them to the following address C/Antonio Maura, 16- 5º dcha- 28014 Madrid, with the shipping costs being at your expense.
To comply with the withdrawal period, it is sufficient for the communication regarding the exercise of this right to be sent before the corresponding period expires.
In the event of withdrawal in accordance with this Clause, CAPITALISM ART, S.L. will refund all payments received in relation to the purchase subject to withdrawal, including any delivery costs you may have paid corresponding to the cheapest shipping option offered, no later than 14 days after the day on which CAPITALISM ART, S.L. receives the above-mentioned communication. However, the return shipping costs of the products will be at your expense.
CAPITALISM ART, S.L. may make such a refund using the same payment method you used for the initial purchase transaction unless another payment method is expressly agreed upon. Notwithstanding the above, CAPITALISM ART, S.L. may withhold the refund until the goods subject to the purchase have been received or until you have provided proof of their return, whichever condition is met first.
The items must be returned in packaging that ensures the products are properly protected in transit.
In any case, for any incident or complaint, you can send an email to the address theaccountant@capitalismthemail.com. As a consumer, you can request complaint forms at the registered office of CAPITALISM ART, S.L.
CAPITALISM ART, S.L. is not responsible for (i) losses not attributable to any breach on its part, (ii) business losses (including loss of profit, income, contracts, data, or unnecessary expenses incurred) (iii) indirect or consequential losses that were not reasonably foreseeable by both parties at the time the contract for the purchase of the products was formalized.
Nothing in these conditions limits or excludes our liability in case of fraud, death, or personal injury attributable to our negligence or wilful misconduct.
Please note that this does not affect your legal rights as a consumer under the terms of Royal Decree 1/2007, nor your right to return the products in accordance with clause 8.
Applicable regulations require that some of the information or communications we send to you be in writing. By using this Website, you agree that most of these communications with CAPITALISM ART, S.L. will be electronic. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notifications, information, and other communications that CAPITALISM ART, S.L. sends to you electronically comply with the legal requirements of being in writing. This condition does not affect your statutory rights.
Notifications you send to CAPITALISM ART, S.L. should preferably be sent via our email address theaccountant@capitalismthemail.com. In accordance with the provisions of clause 11 above and unless otherwise stipulated, CAPITALISM ART, S.L. may send you communications either by email or to the postal address provided by you when placing an order.
It will be understood that notifications have been received and properly made 24 hours after an email has been sent, or 3 days after the postmark date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped, and duly delivered to the post office or a post-box and, in the case of an email, that it was sent to the email address specified by you when placing the order.
In case of a purchase through this Website, these General Terms of Sale (GTS) are binding both for you and for CAPITALISM ART, S.L., as well as for respective successors, assignees, and beneficiaries.
You may not transfer, assign, charge, or otherwise transfer your contractual position or any of the rights or obligations derived therefrom to your favour or for you, without having obtained the prior written consent of CAPITALISM ART, S.L.
In accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, consumers have access to an Online Dispute Resolution Platform, which can be accessed from the following link:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=ES
Through this link, Website users can access the European Online Dispute Resolution Platform. If you have had a problem with a purchase or the provision of an online service, you can use this means to submit any claim in relation to such purchase or provision of services, as well as opt for the out-of-court resolution of the conflict that has occurred.
A direct access link has been established in the footer of the website to allow easy access for consumers to this platform.
If any of these GTS are declared null and void by a final decision by a competent authority, the remaining terms and conditions will remain in force, unaffected by such declaration of nullity, and the null or unenforceable clause will be replaced by another that can be assimilated to the previous one in the most appropriate way possible.
Neither you nor CAPITALISM ART, S.L. will be liable for non-compliance with these GTS as a result of force majeure beyond your control. Force majeure shall be understood as any act, event, failure to exercise, omission, or accident that is beyond reasonable control, and in particular, but not limited to, the following: strikes, lockouts, or other industrial action, natural disasters, civil commotion, threats or terrorist attacks, impossibility of using trains, ships, aircraft, motor transport, or other means of transport, among others.
It will be understood that the obligations will be suspended during the period that the force majeure continues, and we will have an extension in the period to fulfil these obligations for a period of time equal to that of the duration of the force majeure.
The contract for the purchase of products through this Website will be governed by Spanish law. Any dispute that arises or is related to the use of the Website or with said contract will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals, with the competent court being the one that corresponds according to the current regulations.
Notwithstanding the foregoing, if you are contracting as a consumer under the terms of Royal Decree 1/2007, nothing in this clause will affect the rights that you may have as such recognized by current legislation.